IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150004905 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB), Air Medal, and a second award of the Bronze Star Medal (BSM). 2. The applicant states he should have been awarded these medals prior to his separation from active duty. 3. The applicant provides: * DD Form 214 * American Red Cross Niagara Falls Chapter brochure containing a newspaper article * Standard Form 180 (Request Pertaining to Military Records) * certificate of training * BSM and Army Commendation Medal (ARCOM) orders CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was inducted into the Army of the United States on 10 March 1970. He served as an infantryman and military policeman in Vietnam from 1 October 1970 to 16 October 1971. 3. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 5155, dated 10 March 1971, awarded him the BSM for meritorious service in the Republic of Vietnam during the period 30 September 1970 through 30 March 1971. 4. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 6665, dated 29 March 1971, awarded him the ARCOM for meritorious service in the Republic of Vietnam during the period 1 October 1970 through 19 April 1971. 5. On 16 October 1971, he was honorably released from active duty. 6. His DD Form 214 shows he was awarded or authorized award of the: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * CIB * BSM * ARCOM 7. Since the CIB is shown on his DD Form 214, this portion of his request will not be discussed further in this Record of Proceedings. 8. There are no orders for the Air Medal or a second award of the BSM in the available records. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show these awards. 9. The available records do not contain any flight records. 10. Army Regulation 600-8-22 (Military Awards) states the BSM is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 11. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) provided guidelines for award of the Air Medal during the period in question. It stated passenger personnel who did not participate in an air assault were not eligible for the award based upon sustained operations. It defined terms and provided guidelines for the award based upon the number and types of missions or hours. Twenty-five category I missions (air assault and equally dangerous missions) and accrual of a minimum of 25 hours of flight time while engaged in category I missions was the standard established for which sustained operations were deemed worthy of recognition by an award of the Air Medal. However, the regulation was clear that these guidelines were only a departure point. a. Combat missions were divided into three categories. A category I mission was defined as a mission performed in an assault role in which a hostile force was engaged and was characterized by delivery of ordnance against the hostile force or delivery of friendly troops or supplies into the immediate combat operations area. A category II mission was characterized by support rendered a friendly force immediately before, during, or immediately following a combat operation. A category III mission was characterized by support of friendly forces not connected with an immediate combat operation but which must have been accomplished at altitudes which made the aircraft at times vulnerable to small arms fire or under hazardous weather or terrain conditions. b. To be recommended for award of the Air Medal, an individual must have completed a minimum of 25 category I missions, 50 category II missions, or 100 category III missions. Since various types of missions would have been completed in accumulating flight time toward award of an Air Medal for sustained operations, different computations would have had to be made to combine category I, II, and III flight times and adjust it to a common denominator. DISCUSSION AND CONCLUSIONS: 1. There is no evidence and the applicant provided no evidence showing he met the criteria for award of the Air Medal. 2. General orders and his DD Form 214 show he was awarded one BSM. There is no evidence and the applicant provided no evidence showing he was awarded a second BSM. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X____ ___X_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ______________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150004905 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004905 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1